Owing back taxes in Arkansas can escalate quickly. If you missed a quarterly due date, underpaid your estimated income tax, or filed your individual income tax return late, penalties and interest imposed may be added to your tax liability. The Arkansas Department of Finance and Administration offers penalty abatement for taxpayers with reasonable cause. Issues like a failed electronic funds transfer, insufficient funds, or a substantially incorrect return may qualify under state tax law.

To avoid penalties, Arkansas requires you to pay at least ninety percent of your total gross income tax throughout the tax year. If you have uneven income, calculate your estimated payment using an annualized rather than a quarterly basis. A payment plan could help people who can't pay in full avoid incurring additional costs while they catch up. Understanding how such penalty amounts are determined, what interest provided may apply, and what documents to submit is key to securing penalty relief.

This guide covers why penalties are assessed, when they may exceed thirty-five percent of your liability, and how to request relief, even if your initial attempt is denied.

Understanding Arkansas Tax Penalties

In Arkansas, penalties are assessed when taxpayers fail to meet their obligations under state tax law. These charges are typically added when someone files their individual income tax return late, underpays estimated tax, or makes incorrect or incomplete payments throughout the tax year.

The Arkansas Department of Finance and Administration has clear guidelines on how and when penalties apply. Understanding the most common reasons penalties are issued can help you avoid them or take action to request penalty relief if you qualify.

Common Reasons Penalties Are Assessed

  • Late filing
    When a taxpayer fails to submit an income tax return by the prescribed date and no extension has been granted, a failure to file penalty is imposed. This penalty may continue to grow each month until the return is submitted.

  • Late payment
    If a person makes a PA payment after the due date without paying the tax shown on the return, interest will be imposed, and late fees will begin to accrue. Even if the return is filed on time, a delay in payment can trigger additional charges.

  • Underpayment of estimated tax
    Arkansas requires you to pay at least ninety percent of your expected tax liability for the year or one hundred percent of the tax paid in the preceding income year. The state may impose an underpayment penalty if you fail to meet either threshold. Uneven income or missing a fourth-quarter installment often leads to such underpayment issues.

  • Incorrect or insufficient payments
    If a person makes a payment through an electronic funds transfer and the transaction fails due to insufficient funds, a twenty-dollar fee is typically added to the existing penalty. Incorrect payment amounts or processing errors can also impose additional costs.

  • Intentional disregard or fraud
    Taxpayer’s failure to comply with filing or payment requirements due to intentional disregard may trigger criminal penalties provided under Arkansas law. In more serious cases, this includes prosecution and fines beyond the standard penalty abatement thresholds.

Key Enforcement Details

Once a penalty is assessed, the Arkansas Department may send a proposed assessment outlining the total amount due, including interest, fees, and any penalties for the taxpayer's failure to comply.

In most cases, penalties and interest accumulate monthly until the full amount is duly paid. If your situation qualifies for penalty relief due to unusual circumstances, you can submit documentation showing substantial correctness and reasonable cause.

Being proactive is crucial. Understanding how such penalty amounts are calculated and how they relate to your specific tax year can help you prevent future issues and take advantage of relief options offered under particular provisions of Arkansas tax law.

Common Types of Tax Penalties in Arkansas

The Arkansas Department of Finance and Administration enforces several penalties when taxpayers fall behind or make errors. These penalties typically apply when a person fails to file their tax returns on time, underpays their estimated income tax, or submits incorrect payments. In addition to the penalties themselves, interest imposed on unpaid balances can add up quickly.

Each penalty is calculated based on specific percentages, and in some cases, the charges can exceed thirty-five percent of your total tax liability if left unaddressed. The type and severity of the penalty depend on the nature of the violation and how long it remains unresolved.

Common Arkansas Tax Penalties

1. Failure to File Penalty

  • Rate: 5% per month
  • Maximum: 35% of the tax due
  • Relief Options:
    • Demonstrate reasonable cause
    • Show the return was substantially correct
    • Explain unusual circumstances that prevented timely filing

2. Failure to Pay Penalty

  • Rate: 1% per month
  • Maximum: 35% of the unpaid balance
  • Relief Options:
    • Enter into a payment plan
    • Request penalty abatement
    • Correct the issue in a timely manner

3. Underpayment of Estimated Tax

  • Rate: Based on the amount of the shortfall
  • Maximum: No cap
  • Relief Options:
    • Show uneven income throughout the year
    • Use the annualized income method
    • Apply the fourth quarter installment exception

4. Interest on Unpaid Tax

  • Rate: 10% annually
  • Maximum: No cap
  • Relief Options:
    • Interest may be waived only if the associated penalty is removed

5. Frivolous Return Penalty

  • Rate: $500 flat fee
  • Maximum: $500
  • Relief Options:
    • Must prove a substantially correct filing
    • Can cite incorrect professional advice in rare cases

Important Notes

If a taxpayer fails to make a proper estimated payment—especially if their income varies—they may be penalized even if they pay taxes later. To avoid such a penalty, Arkansas requires that at least ninety percent of the total gross income tax be paid during the tax year, or the same amount paid in the preceding year.

If the taxpayer relies on every quarter but earns most income at year-end, the state allows annualized basis calculations to assess estimated tax more fairly. This is especially useful when avoiding penalties related to such estimated payment timing.

Other key considerations include

  • Penalties may increase if the person makes payment by electronic funds transfer and it fails due to insufficient funds, which triggers a flat twenty-dollar fee in addition to the interest provided.

  • In some cases, penalties may rise to fifty percent if multiple failures occur under rules promulgated by the state.

  • If your estimated payments fall short—especially in the third month or later in the year—you might trigger a penalty for underpayment, even if your total filing is accurate.

Understanding how these charges apply to your situation is crucial. Whether you’re filing your first income tax return or catching up after a late payment, knowing your obligations can help you avoid unnecessary costs and stay compliant with state tax law.

How Arkansas Calculates Tax Penalties and Interest

When taxpayers fail to meet their obligations under Arkansas tax law, the penalties and interest imposed are calculated using specific formulas. These amounts depend on the type of violation, the overdue payment, and the tax shown on the income tax return for such tax year.

Knowing how these calculations work can help you determine what you owe and what relief you qualify for.

Penalty Calculations

  • Failure to file penalty
    If you file your individual income tax return late, Arkansas charges 5 percent per month of the unpaid balance. This continues until the total reaches 35 percent of the tax due. The penalty starts accruing from the date prescribed, determined by state law, even if the return is submitted just a few days late.

  • Failure to pay the penalty
    When a person makes payment after the deadline—even if the return is filed on time—a 1 percent penalty per month is imposed. Like the filing penalty, it can grow until it reaches thirty-five percent of the outstanding balance.

  • Underpayment of estimated tax
    The state may apply an underpayment penalty if you pay less than at least ninety percent of your current-year tax liability or less than the same amount paid in the preceding income year. This often affects individuals with uneven income or those who miss a fourth-quarter installment. Arkansas allows an annualized basis to calculate such underpayment when income varies significantly across quarters.

  • Insufficient or failed payments
    If your electronic funds transfer fails—for instance, due to insufficient funds—the state may add a flat twenty-dollar fee on top of any other penalties. Even if you later submit correct payments, such a penalty remains unless abated.

Interest on Unpaid Tax

Arkansas also applies a 10 percent per annum penalty on unpaid balances. This interest starts from the original filing deadline, or the date prescribed by law, and continues to grow until the full balance is duly paid. Even if your penalty is waived, the interest imposed on the original tax liability may apply.

Special Circumstances

If the taxpayer’s failure was due to other unusual circumstances—like a natural disaster or medical emergency—Arkansas may grant penalty relief. The person establishes eligibility by proving that the event directly caused late or incorrect payments and that their filing was substantially correct.

For those with uneven income, calculating estimated payments on an annualized basis may reduce or eliminate penalties, especially if earnings increase sharply in the final quarter.

Criminal penalties provided under state tax law may still apply if intentional disregard or willful neglect is involved, including in cases where the taxpayer fails to meet basic filing duties.

Eligibility for Arkansas Penalty Abatement

To qualify for penalty abatement in Arkansas, the taxpayer’s failure must result from other unusual circumstances, not negligence or intentional disregard. The person establishes eligibility by demonstrating reasonable cause, substantial correctness, and effort to comply under state tax law.

General Requirements

  • Filed tax returns: A valid income tax return must be filed for the tax year involved, even if it was late.

  • Documented cause: Written evidence—such as medical records, natural disaster claims, or failed electronic funds transfer proof—is required.

  • Timely request: Submit your request shortly after receiving the proposed assessment or notice of fees imposed.

  • Compliance effort: Show you made estimated payment attempts, corrected underpayment, or entered a payment plan.

  • No intentional misconduct: Penalty abatement is not granted when criminal penalties provided under state law apply, such as fraud or substantially incorrect returns submitted knowingly.

Federal Alignment

Arkansas generally follows Internal Revenue Service standards, placing the burden of proof on the taxpayer. Relief may still apply if penalties exceed thirty-five percent of the tax shown, so long as you provide records tied to the tax year or preceding income year.

Valid Reasons for Penalty Abatement in Arkansas

Arkansas may approve penalty abatement if the taxpayer failed to comply due to other unusual circumstances beyond their control and if the person establishes reasonable cause with documentation.

  • Medical emergencies: A serious illness affecting you or a family member during the tax year may justify delayed or missed payments or filing an individual income tax return.

  • Death in the family: The loss of a spouse or close relative near the quarterly due date or filing deadline may qualify if supported by a death certificate.

  • Natural disasters: Events like floods, fires, or tornadoes that disrupted your ability to file or make correct payments may warrant relief.

  • System or administrative errors: Failures caused by the DFA or a failed electronic funds transfer not due to insufficient funds may support your request.

  • Incorrect tax advice: If a preparer gave substantially incorrect guidance that led to underpayment of estimated income tax, abatement may be granted if good faith is shown.

  • Documented financial hardship: Job loss or income reduction—especially with uneven income—may qualify if submitting such an estimated payment is impossible.

  • Military deployment or extended travel: Inaccessibility during the tax year, such as during combat deployment, can justify the taxpayer’s failure to meet obligations.

  • Identity theft or theft of tax records: Verified cases affecting your ability to file or pay, especially if the tax return was impacted, may qualify with police or IRS documentation.

Each case requires specific tax year records, total gross income, and the penalties or interest imposed. Absence is unlikely without proof of substantial correctness and compliance effort.

Invalid Reasons That Don’t Qualify

The Arkansas Department of Finance and Administration does not approve penalty abatement for reasons such as forgetting to file an income tax return, missing a quarterly due date, or being too busy with personal matters. Lack of understanding about estimated tax rules promulgated by the state, using the wrong tax year, or using a return form that doesn’t qualify. Overreliance on a preparer without proof of such declaration, prioritizing other bills over your tax liability, and vague claims of uneven income or hardship without documentation will likely lead to denial. 

Software errors or failed electronic funds transfer attempts caused by internal issues, rather than system-wide failures, are also ineligible. To qualify under state tax law, the taxpayer’s failure must be clearly tied to other unusual circumstances, and the person establishes eligibility only by showing substantial correctness and valid cause for not making correct payments for the tax year or the preceding income year.

Step-by-Step Process to Request Arkansas Penalty Abatement

If you believe you qualify for penalty relief, Arkansas offers a formal way to request penalty abatement. The process involves gathering records, filling out the proper forms, and explaining your situation clearly. Following each step thoroughly increases your chance of approval and helps you avoid delays or rejections due to missing details.

1. Review Your Penalty Notice

Start by carefully reading the proposed assessment from the Arkansas Department of Finance and Administration. This notice will outline the tax year involved, the tax shown, and the penalties and interest imposed. Pay close attention to the date prescribed for compliance.

2. Gather Required Documentation

To prove reasonable cause, you must include supporting evidence. Your documents will vary depending on your situation but may include

  • Hospital or medical records

  • Death certificates or obituary notices

  • FEMA or insurance claim documents

  • Job loss or income reduction letters

  • Proof of failed electronic funds transfer

  • Police reports for identity theft.

  • Prior tax returns or IRS transcripts

  • Emails or letters from a tax professional

These records help demonstrate the taxpayer’s failure resulted from unusual circumstances and that they acted in good faith.

3. Complete the Waiver Form

Download the Individual Income Tax Penalty and Interest Waiver Request form from the DFA’s website. Complete it thoroughly, including:

  • Your name and Social Security number or ITIN

  • The relevant tax year or income year

  • The type of penalty (e.g., failure to file, underpayment of estimated tax)

  • A description of what caused the issue

Avoid vague responses like “life was busy” or “I forgot.” Instead, use concrete phrases like "uneven income," "system error," or "insufficient funds."

4. Write a Detailed Explanation

You may either use the space on the form or attach a letter. Include:

  • A timeline of events—what happened and when

  • Why couldn’t you file or make correct payments?

  • What steps did you take to resolve the problem?

  • Any payment plan you entered

  • Clarification if such underpayment was due to fourth-quarter installment issues or an annualized basis calculation

Keep your explanation concise and factual. The state needs to see substantial correctness in how you handled the situation.

5. Submit the Form and Documents

Once complete, send your materials through one of these options:

  • Mail:
    Arkansas Department of Finance and Administration
    Individual Income Tax Section
    P.O. Box 3628
    Little Rock, AR 72203

  • Fax: 501-682-7692

  • Email: individual.income@dfa.arkansas.gov

Only submit copies—never original documents. This category includes medical files, tax records, or financial forms. Originals will not be returned.

6. Keep Copies of Everything

Retain copies of the completed waiver form, your supporting documents, and any delivery confirmation. You may need these if the department requests more information or if your request is denied and you choose to appeal.

7. Follow Up Within 60–90 Days

The department usually responds within 60 to 90 days. If you haven’t received a reply, call the number listed on your proposed assessment or contact the DFA at (501) 682-1100. Keep your records nearby in case they request clarification.

By submitting your request promptly and following these steps, you improve your chances of getting penalty relief, whether your balance stems from back taxes, a failed electronic funds transfer, or estimated payments that didn’t meet the required ninety percent threshold.

Common Mistakes to Avoid

Submitting a penalty abatement request requires accuracy, timely action, and strong documentation. Many taxpayers are denied relief because of common missteps, such as violating state tax law or lacking preparation.

  • Incomplete forms: Leaving out tax year details, penalty type, or contact information can lead to automatic rejection. Always complete all fields, even if writing “N/A.”

  • Vague explanations: Stating “I was sick” or “had financial issues” without tying it to the taxpayer’s failure and tax year won’t meet reasonable cause standards.

  • Missing documents: Claims involving electronic funds transfer errors, insufficient funds, or other unusual circumstances need to be dated and supported by verifiable proof.

  • Invalid reasons: Forgetting a quarterly due date, prioritizing other bills over your tax liability, or not understanding estimated tax rules are not accepted.

  • Original documents: Never send originals; submit copies only. Documents like prior income tax returns, medical records, or termination letters won’t be returned.

  • Delays and no follow-up: Waiting too long or failing to follow up within 60–90 days can hurt your credibility. Interest imposed continues until the balance is duly paid.

Avoiding these mistakes can improve your chances of securing penalty relief.

What Happens After You Apply

Once you submit your penalty abatement request to the Arkansas Department of Finance and Administration, the review process begins. Knowing what to expect can help you stay prepared, especially if the department requests additional information or clarification.

DFA Review Timeline

Most taxpayers receive a response within 60 to 90 days of submission. However, the review may take longer if your request involves multiple tax years, a high tax liability, or incomplete documents. The department will contact you using the details on file if more records are needed to support your claim.

During this time, interest imposed—usually at ten percent per year—accumulates on the unpaid balance unless the penalty and related charges are abated.

If Your Request Is Approved

When penalty relief is granted, you’ll receive written confirmation. In most cases:

  • Any associated interest provided on the waived penalty may also be removed.

  • Your payments toward such a penalty may be refunded or applied to your remaining balance.

  • Your account summary will reflect updates to the total due, including changes to the tax shown and fees imposed.

Remember, though, that abatement does not exempt you from future penalties. Continued compliance is expected for future income tax returns or estimated tax payments, especially if your income varies and you file annually.

If Your Request Is Denied

If your request is denied, the department will explain why it didn’t meet the standards for penalty abatement. You have a few options:

  • Submit additional documentation
    If you think your request lacked necessary details, you can reapply and include stronger records. For example, a failed electronic funds transfer might need a bank letter or email showing the reason for insufficient funds.

  • File an appeal
    In some situations, you can challenge the decision through an administrative appeal. Review the notice for instructions or contact the department to clarify what’s needed.

  • Enter a payment plan.
    If you can’t pay the full amount due, a payment plan may help prevent further penalties. You can still request abatement while making payments, and you should keep records of each amount duly paid toward resolving the balance.

Continued Interest Accrual

Until your full balance is paid or waived, interest will continue to build—even if you’re waiting for a decision or gathering more information. That’s why it's important to act quickly, make correct payments when possible, and avoid further delays.

Staying engaged during this process—and responding to any request from the department—shows that the person establishes intent to comply, even when facing hardship or other unusual circumstances. That effort can make a big difference in the outcome.

FAQs: Arkansas Penalty Abatement

How long does it take to hear back from the Arkansas Department of Finance and Administration?

You can typically expect a response within 60 to 90 days after submitting your penalty abatement request. The review may take longer if your case involves a significant tax liability, multiple tax years, or missing documentation. During this time, interest imposed—usually at ten percent per year—will continue to accrue until your balance is either waived or duly paid.

Can I get penalty relief if I paid late due to a failed electronic funds transfer?

Yes. You may qualify for penalty abatement if your payment was delayed because of a failed electronic funds transfer, mainly caused by insufficient funds or a banking error. Include records like bank letters or failed transaction screenshots to support your claim. You may still be charged a twenty-dollar fee, but the penalty can be waived if reasonable cause is proven.

Do I need to pay at least ninety percent of my tax to avoid penalties?

Yes. Arkansas requires you to pay at least ninety percent of your current-year tax liability—or the same amount paid in the preceding tax year—to avoid an underpayment penalty. If your total gross income varies, accurately calculate your estimated income tax to stay compliant under state tax law.

What if I underpaid because my income was uneven throughout the year?

If you have uneven income—such as self-employment earnings that spike later in the year—you may qualify for reduced penalties by calculating your estimated tax using an annualized basis. This approach adjusts your estimated payment to reflect actual income earned each quarter and may help if you missed a fourth-quarter installment or underpaid earlier in the tax year.

Will interest be removed if my penalty is abated?

Often, yes. If your penalty abatement request is approved, any interest provided directly on that penalty is also usually removed. However, interest on the original tax liability continues to grow until it’s fully paid. Always review your updated account summary to ensure the changes reflect the Arkansas Department's approval.

Can I still qualify if my penalties exceed thirty-five percent of what I owe?

Possibly. While penalties may exceed thirty-five percent when multiple violations occur, you could still qualify for relief if you can prove your taxpayer’s failure was due to other unusual circumstances, such as a serious illness, natural disaster, or identity theft. Provide clear documentation showing why your situation meets the standards for penalty abatement.

Is a payment plan available if I can’t pay everything at once?

Yes. If you cannot pay your full balance, you can request a payment plan through the Arkansas Department of Finance and Administration. This can prevent additional fees from being imposed while giving you time to resolve your debt. You may also submit a penalty abatement request while enrolled in the plan—just be sure to document all amounts duly paid and any actions you’ve taken to comply.